Bill to give married couples advantage in adoption

Nearly one-third of the foster children adopted in Arizona are adopted by an unmarried person.

But a bill now in the state Legislature wants to make sure children have every chance of growing up with a married mom and dad.

Under the bill, married couples would be given preference in many adoption cases.

Unmarried adults could still be considered for adoption when they are related to or already have a relationship with the child, or if there is not a married couple available. The best interests of the child would remain the determining factor in choosing adoptive parents.

"We're not going to be leaving children in the system because we're waiting for a married couple. That's not the intent of the bill," said Cathi Herrod, president of the Center for Arizona Policy. The non-profit group lobbies for conservative family issues, and it is backing the bill. "It simply says, all things being equal, a child deserves a chance to have a mom and a dad."

From April through September 2009, there were 892 state adoptions, 266 of which involved single people.

The bill would affect both children in state custody and some agency adoptions. Currently, only Utah has a law requiring priority for married couples, though several other states have bans on adoptions by same-sex couples or by unmarried couples.

Kris Jacober, president of Arizona Association for Foster and Adoptive Parents, said children should be looked at on a case-by-case basis.

"Of all the things you could say an adoptive parent has to be, married would not be one of them," said Jacober, who is an adoptive mom. "To me, the most important thing in an adoption is commitment to that child."

Jacober said she is afraid the bill would negatively affect the number of single people who consider adoption.

"This would be one more barrier to people trying to decide whether or not to even get started," she said. "And when you limit the pool, you limit the options for children."

Rep. Warde Nichols, R-Gilbert, is sponsoring the bill. He called that argument "hogwash," saying there are many more children in need of families than there are adopting married couples. He said there will continue to be cases where a single parent may be in the best interest of the child, such as for some children who have been sexually abused.

According to the state, about 2,000 children in state custody were seeking adoptive parents as of March.

"Even if the bill was signed into law tomorrow, singles would have the opportunity to adopt a child," Nichols said.

Nichols, who was the primary sponsor of legislation that led to voters in 2008 defining marriage as a union between a man and a woman, challenged accusations that his bill is intended to be a step toward banning homosexual couples from adopting.

"I've never backed away from a fight that I believed in," Nichols said. "If it was my goal to keep homosexuals from adopting, I would have put it in the bill."

Sen. Jack Harper, R-Surprise, has introduced a bill to prevent homosexuals from adopting. It has yet to be given a hearing.

Nichols said he expects his bill to go before the full House for a vote this week. If it passes, it would then go to the Senate. Twenty-two legislators have signed on in support, including Senate President Bob Burns, R-Peoria, and Speaker of the House Kirk Adams, R-Mesa.

Adoption laws around the U.S.

Regulations surrounding the adoption of children in state custody vary widely around the nation.

Utah: Prohibits adoption by people who live together but are not legally married; gives priority to couples who are legally married.

Florida: Prohibits adoption by homosexuals.

Maryland: Forbids any restrictions on adoption by single people.

Mississippi: Prohibits adoption by couples of the same gender.

Arkansas: Prohibits adoption by unmarried, cohabiting adults.

Source: Republic research

Arizona House Bill 2148

Sponsor: Rep. Warde Nichols, R-Gilbert.

Details: The bill would require that a married couple be given "primary consideration" in an adoption and would allow a single person to be considered only if a qualified married couple is not available or if one of the following applies:

• The single person is a legal relative of the child.

• The alternative for the child is extended foster care.

• A "meaningful and healthy relationship" between the single person and the child already has been established.

• The child's best interests require the adoption by the single person.

• The adoption is the result of a direct-placement adoption. (This is often called private adoption and involves instances in which the birth parents transfer custody directly to the adoptive parent or parents, as opposed to the state or an agency transferring custody to the adoptive parent or parents.)